Volume 15 - Legal Innovation                   MLJ 2021, 15 - Legal Innovation: 643-658 | Back to browse issues page

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Rouhiyan M J, Qayyumzadeh M, Hosseini S E. The quality of civil litigation and its impact on the observance of civil rights in the litigation process. MLJ 2021; 15 :643-658
URL: http://ijmedicallaw.ir/article-1-1438-en.html
1- Department of Private Law, Saveh Branch, Islamic Azad University, Saveh, Iran
2- Department of Law, Saveh Branch, Islamic Azad University, Saveh, Iran
3- Department of Law, Imam Khomeini Educational and Research Institute, Qom, Iran
Abstract:  
Background and Aim: The quality of civil procedure is one of the important and relatively new issues of civil procedure that has received less attention. In this article, an attempt has been made to explain the components of the quality of civil procedure and to further examine its impact on the observance of civil rights in the judicial process.
Materials and Methods: The mentioned article is descriptive-analytical and using the library method, the mentioned subject has been studied and data collection has been done by referring to documents, books and articles.
Results: The concept of quality of proceedings emphasizes the efficiency of proceedings. Procrastination, litigation costs and lack of a fair trial are some of the disadvantages and disadvantages of the civil justice system and the judiciary, which have a negative impact on efficiency, prolonging the litigation process and increasing the costs of litigation until its conclusion. These violations affect citizenship rights and undermine citizenship rights in the litigation process.
Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Conclusion: The results of this article indicate that the quality of litigation with a focus on efficient litigation, including the fundamental guarantees of the civil justice system has an effective role in respecting civil rights in the litigation process. The quality of the trial focuses on factors such as the reasonableness and timeliness of the proceedings and the proportionality of the costs of the proceedings, and contributes to the observance of citizenship rights in the litigation process by promoting, optimizing and making the case desirable. Accordingly, the litigation process has economic logic and individuals act on the assumption of economic rationality and make choices in order to achieve greater benefits, sometimes accepting litigation in court, and sometimes peace and reconciliation without going to court. They can, and this can lead to a reduction in the length of the proceedings, a reduction in the costs of the proceedings, and therefore the observance of citizenship rights.

Cite this article as: Rouhiyan MJ, Qayyumzadeh M, Hosseini SE. The quality of civil litigation and its impact on the observance of civil rights in the litigation process. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/06/26 | Accepted: 2021/11/1

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